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Committing Liability In International Criminal Law

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Chapter Summary

International criminal law as applied by international courts is mainly concerned with holding responsible those who are the driving and organising forces behind mass atrocities, or at least persons playing crucial roles in the committing of the crimes. This chapter discusses various approaches explored by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) (hereinafter: Tribunals) as well as the International Criminal Court (ICC) with regard to multi-person committing liability. It overviews the jurisprudence on multi-person committing liability can be divided into three groups: co-perpetration, indirect perpetration and uncategorised multi-person committing. The chapter addresses the cases of multi-perpetrator settings where the accused was found guilty as a committer but where no specific category was attached to such committing.

Keywords: co-perpetration; indirect perpetration; International Criminal Court (ICC); International criminal law; multi-person committing liability



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